Case Digest (G.R. No. L-6492)
Case Digest (G.R. No. L-6492)
Facts:
Federico Hidalgo v. A. S. Crossfield and Jose de la Pena y de Ramon, as Administrator of the Estate of Jose de la Pena y Gomiz, G.R. No. 6492, December 09, 1910, the Supreme Court, Carson, J., writing for the Court. Hidalgo filed this original action under section 515 of the Code of Civil Procedure seeking a writ of mandamus to compel the respondent, Judge A. S. Crossfield of the Court of First Instance of the City of Manila, to execute and carry out a judgment of this Court rendered on appeal on August 17, 1910 (De la Pena v. Hidalgo, 16 Phil. Rep. 450).Petitioner alleged that on October 11 he (through counsel) appeared before Judge Crossfield and orally moved the court to (a) issue a writ of execution on the judgment of this Court and (b) order the clerk to turn over to him a cash deposit that he had placed with the clerk in lieu of an appeal bond. Petitioner asserted that the judge refused both requests. Respondent denied that the oral request to issue execution was made; as to the release of the deposit he admitted informing petitioner’s counsel that he would take “proper action” only after (i) giving the parties in interest notice and opportunity to be heard and (ii) examining the judgment of this Court to ascertain its meaning and effect. The record shows that the judge issued an order requiring parties in interest to show cause within four days why the deposit should not be released.
There was conflict in the testimony about what transpired at the oral appearance, but the Court declared it unnecessary to resolve the factual disputes because, even accepting petitioner’s version and considering only respondent’s uncontroverted evidence, mandamus should not issue. The trial facts and proceedings below were thus summarized only to the extent needed to decide whether respondent had an imperative ministerial duty that mandamus could compel.
Issues:
- Is petitioner entitled to a writ of mandamus compelling the judge of the Court of First Instance to issue a writ of execution on the judgment of this Court?
- Is petitioner entitled to a writ of mandamus compelling the judge to order the clerk to release the cash deposit held in lieu of an appeal bond?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)